Quebec's proposed French-language quotas for streaming giants could spark a constitutional battle

National Post

26-05-2025

OTTAWA — The Quebec government wants major digital platforms to emphasize and boost access to francophone content and is ready to penalize them if they don't oblige.
Article content
Article content
And it could set up a constitutional battle with the federal government.
Article content
When the Quebec Minister of Culture and Communications Mathieu Lacombe outlined his government's intentions regarding the streaming giants earlier this week, Peter Menzies thought: 'Oh boy, here we go.'
Article content
Article content
The former vice chair of Telecommunications at the Canadian Radio-television and Telecommunications Commission (CRTC) saw the province —again — acting and asserting powers over what seems to be a federal jurisdiction.
Article content
Article content
Bill 109 would allow the government to set quotas for francophone content such as music, films and television series on streaming platforms like Netflix, Spotify, Apple Music and YouTube.
Article content
'We can't choose something that isn't offered to us. We can't like something we don't know,' Lacombe said earlier this week.
Article content
'Access to our culture, to films, to TV series, to songs in French, it must be easy, it must be simple when we're in Quebec,' he added.
Article content
If Bill 109 is passed, it would establish the 'quantity or proportion' of original French-language content that must be offered on digital platforms with a default French-language interface. It would also enshrine the right of access to French-language cultural content in the Quebec Charter of Human Rights and Freedoms.
Article content
Lacombe's argument is based on data that isn't very encouraging for Quebec's cultural sector. Citing government data, Lacombe claims that 92 per cent of young people have difficulty identifying French-language cultural goods available on online platforms.
Article content
Of the 10,000 most-streamed songs in Quebec in 2023, only five per cent were French-language titles from the province. Not so long ago, in the era of compact discs, Lacombe said, one in two sales was by a Quebec artist. Currently, among the 50 most-streamed songs online in Quebec, there is only one song in French.
Article content
'The challenges facing our cultural businesses are numerous, from audience renewal to ensuring adequate funding,' said Eve Paré, the executive director for l'Adisq, an association representing more than 200 companies in the music industry.
Article content
'This is a clear symbol that the Quebec government has taken note of the situation prevailing in our industry,' she added.
Article content
So the government is adopting a firm approach, including quotas. Lacombe wouldn't say what they were, but they would be determined through regulations. If the law is not respected, individuals and companies could face administrative sanctions up to $15,000 and criminal sanctions up to $300,000.